AI Overview...
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Section 23 of the Domestic Violence Act, 2005 - Ex parte orders under Section 23 can be granted by the court, including interim orders, when the application prima facie discloses domestic violence and circumstances justify it Manish Kumar Soni Son Of Sunil Kumar Soni VS State Of Bihar - Patna, Manish Kumar Soni VS State of Bihar - Current Civil Cases, Manish Kumar Soni VS State of Bihar - Crimes.
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Power of Magistrates - Magistrates have the authority to issue ex parte orders under Section 23 if they find it just and proper, but such orders must adhere to principles of natural justice, including hearing the respondent in certain cases Manish Kumar Soni VS State of Bihar - Current Civil Cases, ASHARAF vs SHABEENA BEEVI - Kerala.
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Due Process and Validity - Ex parte orders issued without hearing the respondent are criticized as potentially violating due process, raising concerns about the fairness and legality of such orders ASHARAF vs SHABEENA BEEVI - Kerala.
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Judicial Scrutiny - Courts emphasize that orders under Section 23 should be issued with caution, ensuring that the repercussions and ramifications are fully considered, and that procedural safeguards are maintained K. Rajendran VS Ambikavathy - Madras.
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Limitations and Conditions - While Magistrates can grant interim and ex parte orders, they must ensure that the application discloses sufficient prima facie evidence of domestic violence, and such orders should not be issued arbitrarily Manish Kumar Soni VS State of Bihar - Current Civil Cases, Suresh VS Jaibir - Punjab and Haryana.
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Overall Insight - The provision allows for swift protective measures, but there is a concern that ex parte orders under Section 23, if issued improperly or without proper hearing, can be bad or unjust, undermining the rights of the respondent and violating principles of natural justice Manish Kumar Soni Son Of Sunil Kumar Soni VS State Of Bihar - Patna, ASHARAF vs SHABEENA BEEVI - Kerala.
Analysis and Conclusion:
While Section 23 of the Domestic Violence Act provides essential powers to courts for issuing protective orders, the practice of granting ex parte orders without adequate hearing can be problematic. Such orders risk violating the respondent's right to a fair hearing and due process, potentially leading to unjust or arbitrary decisions. Courts and legal experts advocate for cautious and justified use of these powers, emphasizing the importance of procedural fairness to prevent misuse and uphold justice ASHARAF vs SHABEENA BEEVI - Kerala.
Search Results for "Section 23 of Domestic Voilence Act Ex Parte Order is Bad"
2015 0 Supreme(Pat) 1246 • India - Patna
DINESH KUMAR SINGH
Domestic Violence - Protection of Women - The Protection of Women from Domestic Violence Act, 2005 (Sections 12, 23) - The Act ... The Act allows the court to lay down its own procedure for disposal of applications under Section 12 or Section 23. ... The court has the power to grant interim and ex parte#HL_....
• India - Current Civil Cases
DINESH KUMAR SINGH
Protection of Women from Domestic Violence Act, 2005—Sections 12 and 23—Protection of Women from Domestic Violence Rules, 2006—Rule ... —Magistrate has power to grant interim ex-parte order whenever he feels just and proper under Section 23(2) of the Act when application ... prima facie discloses that respondent is c....
• India - Crimes
DINESH KUMAR SINGH
Protection of Women from Domestic Violence Act, 2005—Sections 12 and 23—Protection of Women from Domestic Violence Rules, 2006—Rule ... —Magistrate has power to grant interim ex-parte order whenever he feels just and proper under Section 23(2) of the Act when application ... prima facie discloses that respondent is c....
2018 0 Supreme(J&K) 596 • India - Jammu and Kashmir
SANJAY KUMAR GUPTA
seek quashment of a complaint filed by the respondent under Section 12 read with Sections 17, 18, 19, 20 and 22 of the Domestic ... Domestic Violence Act - Quashment of Complaint - Sections 12, 17, 18, 19, 20, 22 Fact of the Case: The petitioners ... without considering the specific provisions of the Domestic Violence Act#H....
2012 Supreme(Online)(KER) 36246 • India - High Court of Kerala
P.BHAVADASAN, J
Domestic Violence - Protection of Women from Domestic Violence Act - Sections 12, 22, 23 - The court emphasized that an order ... under Section 23(1) cannot be validly issued without hearing the respondent, underscoring the necessity of due process in domestic ... Issues: Whether the order dated 11.5.2011, passed un....
2021 0 Supreme(Kar) 231 • India - Karnataka
K.S.MUDAGAL
Protection of Women from Domestic Violence Act, 2005 – Sections 12, 21, 23, 29 – Code of Criminal Procedure ... of D.V.Act – Said matrimonial cases between parties are filed subsequent to filing of application under Section 12 of Act, before ... 17 to 23 of Act – Mere pendency of matrimonial cases between parties does not divest Magistrate of jurisdict....
2022 0 Supreme(Gau) 240 • India - Gauhati
ROBIN PHUKAN
Domestic Violence Act, 2005 - Section 12/20(1)22/23 - Domestic Violence Act - Section 3 - Monetary relief amounting. ... 3 of the Domestic Violence Act. ... Criminal Procedure Code, 1973 - Section 482 - Constitution of India, Article 227 - Protection of Women from ... It is further submitted that #H....
2013 0 Supreme(Mad) 4277 • India - Madras
M.VENUGOPAL
of the orders to be passed under Section 23 of the Act. ... Moreover, to attract the provisions of the Domestic Violence Act 2005, it may be shown that the parties lived in the share household ... Section 23 of Act, it is to be pointed out that the Learned Judicial Magistrate ought to be construed of repercussions and ramifications ......
2008 0 Supreme(P&H) 1541 • India - Punjab and Haryana
MOHINDER PAL
Domestic Violence--Maintenance to the aggrieved person during pendency of application--Magistrate is not only empowered to grant ... --|Protection of Women from Domestic Violence Act, 2005, Sections 20, 23 and 12. ... monetary relief while finally disposing of an application under sub-section (1) of Section 12 of the Act, but is empowered to grant ... ....
2017 0 Supreme(Gau) 31 • India - Gauhati
RUMI KUMARI PHUKAN
Criminal Procedure Code,1973 – Section 125 and 482 - Domestic Violence Act, 2005 – 12 , 18 to 23 - Protection ... in past but was no longer residing with her husband and can file a petition U/S 12 it subjected to any act of domestic violence ... - An act of domestic violence once committed, subseque....
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